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Can anyone help



len_beach

ClioSport Club Member
  E92 M3,172 track car


I am faced with a predicament. I have put a deposit on a 172. I went to see the car yesterday and I saw the owners girlfriend. Apparently it is her boyfriends car, (his name is on the log book) which he pays the loan on but he has a company car so Julie drives it. They are also splitting up so they are selling the car so she can get something cheaper.

I have arranged an inspection at a friends garage on Saturday so she is coming to me with the car.

I spoke to the boyfriend, Dave earlier today and I asked how he would like payment and agreed cash.

Now, I have just spoken to Julie and she has said that Dave would now prefer a bankers cheque but couldnt be bothered to ring me and sort it and has told Julie he wont deal with it until next week unless she does it.

My problem is that Julie said it would be best to have the draft printed in her name as she will be able to pay it soonest.

My question is, why am I dealing with Julie and paying the draft to her when the car is Daves name?

How can I protect myself as obviously Julie could run with the money, not that I think she would.

If my name was put onto the log book when the funds had cleared, is the car mine?

Can I cancel a bankers cheque before it clears?

Or am I just being a sceptic?


[Edited by len_beach on 15 September 2005 at 9:59pm]
 


I dont think you can cancel a bankers draft once its been cashed buddy just give the cash to dave, although the legal owner doesnt have to be the name on the logbook that is just the registered keeper but seen as tho dave is paying the finance i wouldnt deal with michelle/julie.
 

len_beach

ClioSport Club Member
  E92 M3,172 track car


Meant to say Julie there, I must remember not to talk as I type.

The difference with a bankers cheque is that the funds are guaranteed the next day subject to first class post. The cheque will still take the usual four working days to clear however.

So I should make the cheque payable to Dave and not Julie?

If the funds were guaranteed on Tuesday and I took the car away that day, would there be any comeback if Dave said that Julie had sold the car behind his back or would it be mine?
 


I work in the theft department for an insurance company. I can safely tell you that in the eyes of the law if you were to buy the car and your name was on the log book, YOU legally own the car. The log book DOES state who is the legal owner of the vehicle. It is a bit confusing if a finance company was involved, they would not have ownership of the vehicle, they would just have "financial interest". But in your scenario it would not be relevant as there is no written contract and no register on MIAFTR/HPI. Sorry if i have confused anyones views on this.

But basically, if the V5 log book is signed by the oner and then put in your name, you own the car.
 
  172, Tiguan


All sounds a little odd to me. Think if I was parting with that sort of money id like to see them both together when you hand over any of it.
 


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